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(영문) 대구지방법원 2016.02.16 2015고단6076
보건범죄단속에관한특별조치법위반(부정의료업자)
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Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a literacy treatment establishment under the trade name of approximately 20 square meters in Seogu-gu, Seo-gu Office with approximately 20 square meters.

No person who is not a doctor shall provide medical services for profit.

Nevertheless, on July 26, 2015, the Defendant, without obtaining a doctor’s license, performed a pattern of medicine by inserting drugs containing coloring 90,000 won from October 13, 2014 to September 20, 2015, after having been equipped with a day-to-day table of crime, so far as the pattern of medicine was taken from the left side of the E, to the left side neck, and then being provided with a day-to-day table of crime to the day-to-day box, and then having received KRW 190,00 for the purpose of profit-making business, such as receiving KRW 9,00,00 from around October 13, 2014 to around September 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Medical opinions;

1. Each investigation report (the attachment of letters and photographs of the G, the verification of the personal information of the E, and the contact thereof);

1. Application of Acts and subordinate statutes on internal investigation reports (E grammatic photographs);

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes in connection with a crime; Article 27 (1) of the Medical Service Act;

1. Selection of punishment, abandonment of punishment, and the concurrent imposition of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The favorable circumstances: reflectivity, and the fact that there is no record of crime within 10 years; unfavorable circumstances: The defendant’s age, sex, health conditions, home environment, motive, means, consequence, etc.

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